DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No 7528-17 
APR 09 2019 

Dear

This is in reference to your application for correction of your naval record pursuant to the provisions of Title 10, United States Code, Section 1552. After careful and conscientious consideration of the entire record, the Board found the evidence submitted was insufficient to establish the existence of probable material error or injustice. Consequently, your application has been denied. 

Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to their understanding of the issues involved. Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 

Although your application was not filed in a timely manner, the Board found it in the interest of justice to waive the statute of liqiitations and consider your application on its merits. A three­member panel of the Board for Correction of Naval Records, sitting in executive session considered your application on 3 December 2018. The names and votes of the members of the panel will be furnished upon request. Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, relevant portions of your naval record, and 
applicable statutes, regulations, and policies. 

You enlisted in the Marine Corps and began a period of active duty on 22 September 1983. Based on your Certificate of Release or Discharge from Active Duty (DD Form 214), you received an entry-level separation on 5 December 1983. The narrative reason for separation was "Physical disability existing prior to entry determined by MedBd (entry level separation)." 

The Board, in its review of your entire record and application, carefully considered your desire to change the narrative reason for your discharge and separation code. The Board also considered your assertions that you were not aware of any physical disability that was detected and waived, the only disability you had prior to enlisting was acne, you were denied the right to a medical evaluation board (MEB), you were told that if you did not sign your discharge documents you would receive a dishonorable discharge, and you never signed anything waiving a MEB. 

The Board, however, concluded that these factors and assertions were not sufficient to warrant a change to your uncharacterized entry-level separation (ELS) or reenlistment code, given your medical condition that existed prior to your active-duty service. Additionally, the Board noted that you were notified of your separation process within 180 days of the beginning of your period of active service. Marine Corps directives authorize an uncharacterized ELS if the processing of a Marine' s separation begins within 180 days of active duty. Regarding your RE-3P reenlistment code, you were assigned the most favorable reenlistment code based on your circumstances. The RE-3P reentry code may not prohibit reenlistment, but requires that a waiver be obtained from recruiting personnel who are responsible for reviewing the feasibility of satisfying the Marine Corps personnel manning goals by determining whether or not an individual meets the standards for reenlistment. If you wish to reenlist, re-affiliate, or be reinstated in the Marine Corps, you should contact the Marine Corps Recruiting Command via your nearest recruiting facility. 

Although your original service record was incomplete and did not contain any documentation pertaining to your separation from the Marine Corps, the Board noted that you provided no evidence to support your assertions. Absent such evidence, the Board relied upon the presumption of regularity and presumed that the officials involved in processing your separation acted in accordance with governing law/policy and in good faith. 

It is regretted that the circumstances of your case are such that favorable action cannot be taken. You are entitled to have the Board reconsider its decision upon submission of new and material evidence. New evidence is evidence not previously considered by the Board. In this regard, it is important to keep in mind that a presumption of regularity attaches to all official records. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstTte the existence of probable material error or injustice. 

Sincerely, 

Executive Director